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, let me come over to you, a lot of talk about miranda. but give me a sense of what the leeway is especially in situations like this, after acts like what happened here at the marathon. >> well, it is yesterday's news. he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me d
was provided before or after that judge/magistrate was there and r read him his miranda rights? the right to remain silent and the right to have an attorney? >> sources have indicated to us that was part of a questioning that they did under the -- fbi agent does under a national security exemption, before he was assigned counsel. they had the ability in the interest of public safety exception to be able to ask questions, were there additional coconspirators, where and were there additional explosives. the source of things you want to know immediately in order to protect the public. presumably base wanted on what we are hearing, those are the questions they asked and the kinds of responses prior to the first appearance yesterday. >> that would fit in with the public safety exception in the there a in providing the miranda rights to this criminal defendant as he now is, charges have been read to him. fran, we'll stay in close touch with you, fran townsend. much more from boston in just a moment. other news that we're watching as well. the fbi, back in washington, up on capitol hill, lawmake
. >> speaking of legal standards, the decision was made to not read dzhokhar tsarnaev his miranda rights, at least not yet. can you explain a little bit more about that decision? i think a lot of people and others who expect when you get arrested you get yourmy r miran rights are surprised by this decision. >> to break down, everybody has seen when police arrest you, they always say certain words. which include you have the right to remain silent, anything you say can and will be used against you in a court of law. well they didn't do that in the case of this suspect. that's because there's something called a public safety exception. and the public safety exception simply says that if you're concerned that there's a plot that is still afoot, if you're concerned there's an emergency, that there could be bombs somewhere else, the authorities don't have to read you your rights at that time. and that's basically what they have decided to do. but they are still going to have to do it eventually. >> joe johns, thank you so much. >>> it's one of the most visible signs that boston is beginning t
. just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an attorney present. if an attorney is present, the attorney will simply say to the client, you -- don't answer questions. at that point, the attorney is the person the prosecutor is supposed to deal with. i have to say, there is information out there that we don't have. whether an attorney was present, whether this was an actual arraignment, i think we just need to hold off on that until we get more information. >> we're holding off. still so early this all happened. >> before we let deb feyerick go and chase down that lead she was referring to, deb, i was wondering, is there anything else that stands out in
Search Results 0 to 3 of about 4